Professional Documents
Culture Documents
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Same; Same; Same; While the general rule is that the seafarers
death should occur during the term of his employment, the seafarers
death occurring after the termination of his employment due to his
medical repatriation on account of a work-related injury or illness
constitutes an exception thereto.With respect to the second
requirement for death compensability, the Court takes this
opportunity to clarify that while the general rule is that the
seafarers death should occur during the term of his employment,
the seafarers death occurring after the termination of his
employment due to his medical repatriation on account of a workrelated injury or illness constitutes an exception thereto. This is
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follows:
xxxx
11. Work-Related Injury injury(ies) resulting in disability
or death arising out of and in the course of employment.
12. Work-Related Illness any sickness resulting to
disability or death as a result of an occupational disease listed
under Section 32-A of this contract with the conditions set therein
satisfied. (Emphases supplied)
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place.
As a matter of general proposition, an injury or accident is said
to arise in the course of employment when it takes place
within the period of the employment, at a place where the
employee reasonably may be, and while he is fulfilling his
duties or is engaged in doing something incidental thereto.43
(Emphases supplied; citations omitted)
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ILLNESS.
The liabilities of the employer when the seafarer suffers work-related
injury or illness during the term of his contract are as follows:
1.The employer shall continue to pay the seafarer his wages during the
time he is onboard the vessel;
2.If the injury or illness requires medical and/or dental treatment in a
foreign port, the employer shall be liable for the full cost of such medical,
serious dental, surgical and hospital treatment as well as board and
lodging until the seafarer is declared fit to work or to be repatriated.
However, if after repatriation, the seafarer still requires medical
attention arising from said injury or illness, he shall
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be so provided at cost to the employer until such time he is declared fit
to work or the degree of his disability has been established by the
company-designated physician.
3.Upon sign-off from the vessel for medical treatment, the seafarer is
entitled to sickness allowance equivalent to his basic wage until he is
declared fit to work or the degree of permanent disability has been
assessed by the company-designated physician but in no case shall this
period exceed one hundred twenty (120) days.
For this purpose, the seafarer shall submit himself to a post-employment
medical examination by a company-designated physician within three
working days upon his return except when he is physically incapacitated
to do so, in which case, a written notice to the agency within the same
period is deemed as compliance. Failure of the seafarer to comply with
the mandatory reporting requirement shall result in his forfeiture of the
right to claim the above benefits.
If a doctor appointed by the seafarer disagrees with the assessment, a
third doctor may be agreed jointly between the Employer and the
seafarer. The third doctors decision shall be final and binding on both
parties.
4.Those illnesses not listed in Section 32 of this Contract are disputably
presumed as work-related.
5.Upon sign-off of the seafarer from the vessel for medical treatment, the
employer shall bear the full cost of repatriation in the event the seafarer
is declared (1) fit for repatriation; or (2) fit to work but the employer is
unable to find employment for the seafarer onboard his former vessel or
another vessel of the employer despite earnest efforts.
6.In case of permanent total or partial disability of the seafarer caused
by either injury or illness the seafarer shall be compensated in
accordance with the schedule of benefits arising from an illness or
disease shall be governed by the rates and the rules of compensation
applicable at the time the illness or disease was contracted.
52
See
SECTION32.SCHEDULE
OF
DISABILITY
OR
IMPEDIMENT
FOR
INJURIES
SUFFERED
AND
DISEASES
INCLUDING
OCCUPATIONAL
DISEASES
OR
ILLNESS
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LABOR
Sec. 3.The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective
bargaining and negotiations, and peaceful concerted activities, including
the right to strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a living wage. They
shall also participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of production
and the right of enterprises to reasonable returns on investments, and to
expansion and growth.
54 Legal Heirs of the Late Edwin B. Deauna v. Fil-Star Maritime
Corporation, G.R. No. 191563, June 20, 2012, 674 SCRA 284, 304.
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The Court similarly took into account the workrelatedness element in granting the death benefits claim in
InterOrient Maritime Enterprises, Inc. v. Remo,68 a 2010
case decided under the 1996 POEA-SEC which operated
under parameters identical to the 1984 POEA-SEC. Quoted
hereunder are the pertinent portions of that ruling:
It was established on record that before the late Lutero Remo
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Leonardo-De
Castro,